Terms of Service - Quest Oracle Community

Quest Website Terms of Service

WELCOME TO QUESTORACLECOMMUNITY.ORG. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING, BROWSING OR OTHERWISE USING THIS SITE.

This Agreement was last updated on May 25, 2018.

Scope of Agreement This Web Site
1. Terms of Use Agreement (the “Agreement”) is between you (“You” and “Your”) and Quest Oracle Community (“Quest”). This Agreement governs Your access to and use of this Web site (including without limitation, all Content (as defined herein), software, HTML and other code, and script forming a part of this Web site, Your ability to upload Content to the Web site, and all goods, services and transactions offered through this Web site, the “Site”). In addition to complying with the terms and conditions of this Agreement, You agree to comply with all additional terms and conditions governing the access to and use of specific areas of this Site which are incorporated into and made a part of this Agreement:
Binding Agreement
1. BY ACCESSING OR USING THIS SITE IN ANY MANNER YOU ARE DEEMED TO HAVE READ, UNDERSTOOD AND AGREED TO EACH OF THE TERMS, CONDITIONS AND NOTICES SET FORTH IN THIS AGREEMENT. IF YOU DO NOT UNDERSTAND OR AGREE TO EACH OF THE TERMS, CONDITIONS AND NOTICES IN THIS AGREEMENT, YOU SHOULD NOT ACCESS OR USE THIS SITE IN ANY MANNER.
Use and Protection of Password and ID
1. (a) Quest may assign a password and account ID to You so you can access and use certain areas of this Site. Each user who uses such password and ID will be deemed to be authorized to access and use this Site and Quest has no obligation to investigate the authorization or source of any such access or use. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND ID ORIGINALLY ISSUED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL UPLOADS, COMMUNICATIONS AND TRANSMISSIONS, AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) THAT MAY RESULT FROM SUCH ACCESS OR USE.
2. (b) You are solely responsible for protecting the security and confidentiality of the password and ID. You shall immediately notify Quest of any unauthorized use of the password or ID, or any other breach or threatened breach of this Site’s security.
Modification of the Site
1. Quest may, at any time and in its sole discretion, modify, revise or otherwise change this Site (including without limitation adding or discontinuing any or all services or transactions offered through this Site), in whole or in part, without notice or liability to you.
Licenses
1. (a) Subject to the terms and conditions of this Agreement, You are granted a limited, revocable, non-exclusive and non-transferable license, without the right to sublicense, to access and use this Site only for displaying this Site on Your Internet browser. Your access and use of this Site is further limited to non-commercial purposes only.
2. (b) Except as permitted in the limited license set forth in paragraph (a), above, You shall not copy, reproduce, distribute, display, perform, sell, lease, transmit or create derivative works from this Site (in whole or in part) or translate, modify, reverse engineer, disassemble, or decompile this Site.
3. (c) To the extent that the Quest grants You the right to upload content to the Site:
  1. Anything that You submit or post to the Site and/or to the Quest, including without limitation, text, video content, audio content, ideas, know-how, techniques, questions, comments, and suggestions (collectively, “Submissions”) is and will be treated as nonconfidential and nonproprietary. Quest shall have the non-exclusive, royalty-free, worldwide, perpetual and transferable right to use, copy, reproduce, distribute, display, perform, sell, lease, transmit or create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse engineer, disassemble, or decompile such Submissions. All copies of Submissions shall automatically become the sole and exclusive property of Quest and shall not be returned to You. Quest has no obligation to include Your Submissions in its Site, and has the right to remove Submissions at any time for no reason whatsoever, without incurring any liability.
  2. You warrant and represent that you own or have the right to license the rights granted above; that you has full power and authority to enter into this agreement; and that the Submissions (i) do not violate or infringe the rights of any persons, including without limitation, rights in copyrights, patents, trademarks, service marks, trade secrets, privacy rights, publicity rights, and other proprietary rights; (ii) are not libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; and (iii) do not include bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
Availability and Use of Site
1. The availability of this Site depends on many factors, including some factors that are beyond Quest’s control, such as Your connection to the Internet and the Internet backbone. Quest shall not be liable to You if You cannot use this Site for any reason.
Termination; Effect of Termination
1. (a) In addition to any other legal or equitable remedies, Quest may, without prior notice to You, immediately terminate this Agreement or revoke any or all of Your rights granted under this Agreement. You may terminate this Agreement by contacting Quest at e-mail to [email protected] or by regular mail to 2365 Harrodsburg Road, Suite A325, Lexington, KY 40504.
2. (b) Upon any termination of this Agreement, You shall immediately cease all access to and use of this Site and Quest shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account ID(s) issued to You and deny Your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation payment obligations) of the parties arising before the date of termination. The provisions of Sections 5(b), 5(c), 5(d), 8, 12, 13, 17, 18 and 20 shall survive the termination of this Agreement.
Intellectual Property
1. (a) U.S. and international copyright, trademark and other intellectual and proprietary laws protect this Site, and any unauthorized access to or use of this Site may violate such laws. Quest shall aggressively enforce its intellectual and proprietary rights to the fullest extent of the law.
2. (b) All information and data that is part of this Site, including without limitation, text, graphics, photos, illustrations, images, video and audio clips (collectively, “Content”) and all trademarks, service marks, trade dress, logos and tag lines displayed on this Site (collectively, the “Marks”) are the sole and exclusive property of Quest or third parties. You are not granted any right or license, either express or implied, in any copyright, trademark, service mark, trade dress, logo, tag line, patent, trade secret, right of publicity or other intellectual property or proprietary right of Quest or any of the goodwill associated with any of the foregoing. To the extent that You use any copyright, trademark, service mark, trade dress, logo, tag line, patent, trade secret, right of publicity or other intellectual or proprietary right of Quest, such use and all goodwill associated therewith shall inure solely and exclusively to the benefit of Quest.
3. (c) You shall not remove any copyright, trademark, or other proprietary legends or notices that appear on, in or as part of this Site.
Notice of and Procedure for Copyright Infringement
1. (a) Quest respects other’s intellectual property and proprietary rights. In accordance with the Digital Millennium Copyright Act, Quest has designated a Copyright Agent to receive notice of claims of alleged copyright infringement on the Site. If You believe that Your copyrighted material has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to or from this Site, please send Quest’s Designated Agent a notice containing the following elements:
  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work(s) that is/are alleged to have been infringed;
  2. A description of the copyrighted work(s) that you claim is/are infringing and the location where the original or an authorized copy of the copyrighted work(s) exists/exist (for example, the URL of Web site where the copyrighted work(s) is/are lawfully published; the name, edition and page(s) of a book, etc.);
  3. A description of where the material that You claim is/are infringing is/are located on this Site, including the URL, so that Quest can locate the material;
  4. Your address, telephone number and email address;
  5. A statement that You have a good faith belief that the use of the material identified in the notice is not authorized by the copyright owner, its agent, or applicable law; and
  6. A statement by You, under penalty of perjury, that the above information is accurate and that You are the copyright owner or are authorized to act on behalf of the copyright owner.
2. (b) Send the notice containing the above information to the following Designated Agent:
  1. Name of Designated Agent: Executive Director, Quest International Users Group
  2. Mailing Address: 2365 Harrodsburg Road, Suite A325, Lexington, KY 40504
  3. Telephone number: 800-225-0517
  4. Fax number: 859-226-4321
  5. E-mail Address: [email protected]
Links to Other Internet Sites This Site may contain links to Internet sites owned, operated or maintained by third parties not under Quest’s control. These links are provided for Your convenience of reference only. Such links are not and shall not be deemed to be Quest’s endorsement of the organization or individual associated with the linked site. You assume sole responsibility and liability for Your use of such linked sites.
Links to this Site
1. You must obtain Quest’s prior written consent to post any link(s) to this Site.
Warranty Disclaimer; Limitation of Liability
1. (a) ALL CONTENT, SERVICES AND TRANSACTIONS ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. QUEST DOES NOT WARRANT THAT THE CONTENT, INCLUDING YOUR SUBMISSIONS OR THE SUBMISSIONS OF ANY OTHER USER OR PARTY, WILL BE UNINTERRUPTED OR ERROR FREE. COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION.
2. (b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL QUEST, ITS PARENT, SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR PUNITIVE, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, INDIRECT OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUES, BUSINESS, USE, DATA OR OTHER INTANGIBLES), WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF QUEST HAD BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QUEST SHALL HAVE NO LIABILITY WHATSOEVER TO YOU FOR ANY DAMAGES ARISING FROM SUBMISSIONS FROM YOU OR FROM ANY OTHER USER OF THE SITE.
3. (c) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QUEST’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FORM OF ACTION, WHETHER CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY AND/OR OTHERWISE) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO COMPANY FOR THE ONE MONTH PERIOD PRIOR TO THE ACT ALLEGEDLY GIVING RISE TO QUEST’S LIABILITY.
Indemnity
1. You agree to indemnify, defend and hold harmless Quest, its parent, subsidiaries, affiliates, and their respective officers, directors, shareholders, employees and agents, and all of their respective successors and assigns, from and against any and all claims, liabilities, expenses (including attorneys’ fees) and damages arising out of claims resulting from Your access or connection to, or use of this Site, including without limitation claims arising out of information or content submitted to this Site by You, Your violation of a third party’s intellectual property or other rights, or any claims alleging facts that if true would constitute a breach by You of the terms and conditions of this Agreement. Quest reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with Quest’s defense of such claims.
Relationship of Parties
1. You acknowledge that no joint venture, partnership, employment, or agency relationship exists between You and Quest as a result of this Agreement or any use of this Site. You agree not to hold Yourself out as a representative, agent, or employee of Quest and Quest shall not be liable for any representation, act or omission by You to the contrary.
Assignment
1. You shall not assign or otherwise transfer this Agreement or assign, delegate or otherwise transfer any of Your rights, interests or obligations under this Agreement and any such assignment, delegation or other transfer shall be void. This Agreement shall inure to the benefit of Quest’s successors, assigns and licensees.
Injunctive Relief; Remedies
1. (a) You agree that Quest’s remedy at law for any actual or threatened breach of this Agreement would be inadequate and that Quest shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Quest may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including but not limited to attorneys’ fees.
2. (b) All rights and remedies granted to Quest under this Agreement are cumulative and not alternative, and are in addition to all other rights and remedies available to Quest at law or in equity.
Governing Law and Jurisdiction; Limit on Commencing Actions
1. (a) This Agreement is governed by the laws of the Commonwealth of Kentucky, U.S.A. without regard to the conflicts of laws principles thereof. You consent to the exclusive jurisdiction and venue of the state and federal courts in Lexington, Kentucky U.S.A. in all disputes arising out of or relating to the use of this Site.
2. (b) You must commence any cause of action or claim against Quest within one (1) year after the cause of action or claim arises, otherwise You agree that Your cause of action or claim shall be barred.
International Access
1. This Site can be accessed from countries other than the United States. This Site may contain products or services, or references to products or services, that are not available outside of the United States. Any such references do not imply that such products or services will be made available outside the United States. If You access and use this Site outside the United States You are responsible for complying with Your local laws and regulations.
Contact Information
1. Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site by e-mail to [email protected] or by regular mail to 2365 Harrodsburg Road, Suite A325, Lexington, KY 40504.
Reservation of Rights
1. Quest reserves to itself any and all rights not expressly granted herein.